Enforcement powers clarified under updates to Barbados Telecommunications Act

Enforcement powers under Barbados’ Telecommunications Act are now more expansive and clear-cut following recent amendments. The newly passed Telecommunications (Amendment) Act, 2018-10 expressly extends the circumstances in which various enforcement-related activities such as injunctions, search and seizure orders and the issue of warrants may occur. Prior to the amendment, invocation of enforcement powers was almost exclusively grounded in breaches of the Act. Following the amendment, action may now be taken for breaches of any rules, regulations and orders made pursuant to the Telecommunications Act.

If you’re interested in the details, I’ve listed the essence of the changes below.

  1. Previously, the relevant minister had the power to seek injunctive relief or seek damages (pecuniary penalty) only where a telecommunications rule was breached. Under the amendment, in addition to rules, breaches of regulations and orders will also attract injunctions and pecuniary penalties.
  2. Under the amended Act, investigative powers are now extended to a licence issued under either rules, regulations or orders made under the Act. Previously, investigations were limited to breaches of the Act or licences issues under it.
  3. Pursuant to the original Act, the powers to enter, seize and/or search by an authorised inspector were limited to suspected breaches of the Act or a licence issued under it. Under the new amendments, this power has been extended to licences granted under any rule, regulation or order made in accordance with the Act or any registration or authorisation done under the Act.
  4. Magistrates were previously issued with the power to issue search warrants on suspicion that a breach of the Act had happened or was impending. Post-amendment, the magistrate may also issue a search warrant where rules, regulations and orders have been or are about to be breached.
  5. Where anyone interferes with an inspector in the execution of duties, that person will be liable to prosecution if the inspector was performing duties under the Act or any regulations, rules or orders made under it. This power was previously limited to the performance of duties pursuant to the Act itself.

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